O61-43ORDINDMCE NO. 61-43
~N ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
REPEALING ORDINanCE NO. 205 KNOWN AS THE ZONING
ORDINanCE OF SAID CITY .~'4D ALL SUBSEQUENT AaENDMENTS
THERETO, INCLUDING CHAPTER 31 OF i~dE EXISTING CODE OF
ORDINANCES OF SAID CITY, AND IN LIEU THEREOF ENACTING
AN ORDINANCE ESTABLISHING CO},~REdENSIVE ZONING REGU-
LATIONS FOR SAID CI2~ ~xlD ADOPTING A ZONING MAP=
PROVIDING FOR THE 7tDMINISTRATION AND ENFORCEMENT THEREOFi
AUTHORITY TO CODIFY~ AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
in accordance with Chapter 176 of the Florida Statutes and the Charter
~f ~he City of Boynion Beach, Florida the City Council of the Cit~ ~
BOy, ton ge~h, ~l.~id~ de~;s, ordain as follows:
SECTION 1, PURPOSE:
In order to lessen congestion in the streets~ to secure safety from fire,
panic and other dangers~ to promote health and the general welfare$ to pro-
vide adequate light and airs to prevent the over crowding of lands to avoid
undue concentration of population~ to facilitate the adequate provisions of
transportation, water, sewerage~ schools, parks and other public requirements$
to conserve the value of buildings and encourage the most appropriate use of
land through the corporate aree~ the ccmpr~he2sive plan and zoning map dated
December 18, 1961, as emended December 29, 196t~ now on file with the City
Clerk in the Boynton Beach City Hall, hereby adopted and established as the
official comprehensive plan and zoning map of the Cit~ cf B~toM Beech,
FloriSa.
SECTION 2. DEFINITIONS
All words used in the present tense include the future~ all words in the
singular number include the plural and the plural the singulars the word "build-
ing'' includes the word "struc~ure"~ ±he word "shell" is mandatory and not direc-
tory$ and the word "person" includes firm~ corporation or municipal corporation,
as well as s natural person. The word "map" shall mean the "Zoning Map of the
City of Boynton Beach". The term "City Council" shall mean the City Council of
the City of Boynton Beach, and the word "City" shel!..mean the City of Boynton
Beach~ a corporation of the State of Florida. The word "used" shell be deemed
to include the words "arranged, designed or intended to be occupied".
ACCESSORY USE OR BUILDING. A subordinate use or build{ng-~stomarily inci-
dent to end located upon the same lot occupied by the main use or building.
ALLEY, A roadway dedicated to public use which affords only a secondary
means of access to abutting property and not intended for general traffic
circulation.
APAR/5iENT HOUSE. See Multiple Family Dwelling.
BOARDING (LODGING) HOUSE. A building other than a hotel, where lodging
or meals or bo±h are served for compensation.
BUILDING° A structure having a roof supported by columns or walls.
BUILDING, HEIGHT OF. The vertical distance from the mean finished 9rade to
the highest point of the main building. The height of a wall is the vertical
distance from the grade to the mean level of the top of the wall, including
any dormers or gables on the wall.
CLINIC. A clinic is as establishement where patients, who are not lodged
over night, are admitted for examination and treatment by one person or a group
of persons practicing any form of healing or health building services to indi-
viduals, whether such persons be medical doctors, chiropractors, osteopaths,
chiropodists, naturopaths, optometrists, dentists or any such profession the
practice of which is lawful in the State o~ Florida.
CLUB. Buildings and ~ecilities owned and operated by a corporation or
association of persons for social or recreational purposes but not operated
primarily for profit or to render a service which is customarily carried on
as a business.
DWELLING, A building or portion thereof designed exclusively for residential
o¢cupancy~ including one~ two and multiple family dwe!lings~ bu± not including
hotels~ boarding~ iodging houses or house trailers whether such trailers are
mobile or located in a stationary fashion as when on blocks or other foundation.
DWELLiNG~ ONE F~vlILYo A' ~Du_lding designed, for or occupied exclusively by
one family.
DWELLiNG~ ~0 F~ILY. A building designed for or occupied exclusively by
two families.
DWELLING MULTIPLE° Abuilding designed for or occupied exclusively by
three or more families.
FA~IILYo Any ~umber of related individuals living together as a single
housekeeping unit.
FILLING (SERVICE) STATION. Any building~ structure or land used for the
dispensing~ sale or offering for sale at retail of any automobile fuels, oils or
accessories and in connection with which is performed general automotive ser-
vicing as distinguished from automotive repairs.
GARAGE APARI"]t~ENTo An accessory building with storage capacity for not less
than one automobile~ the second floor of which is designed as a dwelling place
for not more than one family and shall have a floor area of not less than three
hundred fifty (350) square feet.
GUEST HOUSE (TOURIST HOME). Any dwelling in which rooms are rented for
guests or for lodging of transients and travelers for compensation and so adver-
tised to the public.
HOME OCCUPATION. Any occupation in connection with which there is kept no'
stock in trade nor commodity sold upon the premises~ no person employed other
than a member of the i~mediate family residing upon the premises and no mechanical
equipment used except such as is permissible for purely domestic or household
purposes~ and in connection with which there is used no sign other than an un-
lighted name plate not more than two s~uare feet in area~ nor display that will
indicate fmom the exterior that the building is being utilized in part-for any
p~rpose other than that of @ dwelling.
HOTEL. A building or other structure kept~ used~ maintained~ advertised
as or held out to the public to be @ place where sleeping acco~nodations are
supplied for pay to transients or permanen± guests or tenants~ in which %eh or
more rooms are furnished for the sccom~modation of such guests~ and baying or not
having one or more dining rooms~ restaurants or cafes~ where meals are served~
such sleeping accommodations and dining rooms~ restaurants or cafes~ if existin9~
being conducted in the same building or accessory buildings in connection there-
with°
JUNK YARD. An epen area where wsst~ used or second hand materials are
bought~ sold~ exchanged~ stored, baled~ packed~ disassembled~ or handled~
including but not limited to scrap iron and other metals~ ctoths~ paper~ rags
plumbing fixtures, rubber tires and bottles, A junk yard includes an automobile
wrecking yard.
LAUNDRY~ SELF-SERVICE (LAUNDROMAT). A business rendering a retail service
by renting to the individual customer equipment for the washings.drying and
otherwise processing laundry~ with such equipment to be serviced and its use and
operation supervised by the management°
LOT. A parcel of land occupied or to be occupied by one main building and its
accessory buildings with such open and parking spaces as are required by the pro-
visions of -this ordinance and having its principal frontage upon a street.
LOT~ CORNER. A lot abutting upon two or more streets at their intersection.
LOT OF RECORD, A lot which is a part of e subdivision~ the map of which has
been recorded in the office of the Clerk of the Circuit Court of Palm Beach
County~ Florida.
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LOT DEP[g-io The depth of a lo!: is the distance measured in a mean direction
of the side lines or the lot from '~ ,~?;'~d~,o-;'~± '= .... ~ '
' ~e ....... ~. _,, o~ ~:~e fron~ line to +he_ mzdpoint
of the opposite rear line of t~e iot~
LOT ~ID~{. The mean horizontal distance ' ~' ~ ~
o..~w=~, ~he side lot l~nes~ measured
a~ right angles ~o ~he depth~
~40TEL~ TOURIST COURT~ ~e:O~OR L~,UO=o A group ~ attached or detached buildings
containing individual sleeping units~ with automobile storage or parking space
~'-h - '" '- designed for ~s¢- primarily by automobile transtar
provided in connection ~.,ere~;~t~,~ _ ~
NON-CONFO~4ING USE° A buildin9 or land ~ '~ ~ that
o~cup~eu by a use does not
conform with the regulations of the district in which it is ]~"-~
NURSING (CONVALESCHNT) HOME. A home for the a§ed~ chronically ill or
incurable persons in which '~hree or more persons not of the immediate family
are received~ kept or provided with food and shelter or care for compe-nsation~
but not inciudJng hospitals~ clinics or similar institutions devoted primarily
to the diagnosis and treatment of the sick or injured.
PARKING LOT. An area or plot Of land used for the storage or parking of
vehicles.
SIGN~ ADVERTISING. Any s±ructure or part thereof on which lettered or
pictorial matter is displayed for advertising or notice purposes°
STREET. A public thorofare which affords principal means of access to
abutiin9 property.
STREHT~__~,~..o'T~m The line between "~ ,
zn= s±ree± and abutting prooert¥.
STRUCTURE. Anything constructed or erected~ the use of which requires
permanent location on the land and shall include swimzning poois~ tents, lunch
wagons~ diners~ camp cars or trailers on wheels or other supports: intended for
business use or as living quarters.
STRUCTURAL SLTERATIONSo Any chan~e~ except for ~',~--: ~
...... . ~ . _~..~=z or replacement, in
the supporting members of a building~ such as bearing wa!ls~ columns~ beams or
girders~ floor joists or roof joists.
SUBDIVISION° The division of a parcel of land into two (2) or more lots
or parcels, either by plat into lots and blocks or by metes and bounds descrip-
±ion~ for the purpose of transfer of ownership or development~ or~ if a new
s~reet .is invotved~ any division of a parcel of land,
TRAILER OR MOBILE HOME. Any unit used for business purposes or as an of'fice~
'or for living and sleeping purposes and which is equipped with wheels or similar
~ev_ses used for the purpose of ±ransporiing said unit from place to place,
whether by mo~ive power or other means.
TRAILER PARK. A dui]; licensed c~*..o~,:o~ park or Ot!~er area established to
carry on the ~usiness of parking or otherwise servicing trailers, The site plan
and all sanitary facilities of a trailer park must conform to ~he requirements of
the State and County health authorities,
USED CAR LOT. A lot or group of contiguous to?s~ used only for the storage~
display and sales of used automobiles:
YARD. An open space on the same lot with a.hu41ding,._ . unoccupied and un-
obstructed from the ground upward~ except by trees or shrubbery or as otherwise
provided hereJno
YARD, FRONT. A yard across the full width of the !or, extending from the
front line of -~I-~ ..
~..~ ~uilding to the front line of t~e iot~ excluding steps°
YARD, REAR° A yard ex±ending across the full width of the lot and measured
,:%tween the rear line of the lot and the rear line of the main building.
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YARD~ SIDE. An open unoccupied space on the same lot with the main building
situated between the side line of the building and the adjacent side line of the
lot and extending from the rear line of the front yard to the front line of the
rear yard.
SECTtON 3~ DISTRICTS ~-~D BOUNDARIES
In order to classify and regulate the uses of land and bui!dings~ the
height and bulk of bui!dings~ the area and other open spaces about buildings
and the intensity of land use~ the City of Boynton Beech.is divided into eight
(8) Districts to be known as follows~
R-1AA - Single Family Dwelling Dis .... ct
R-lA
R-1
R-2
R-3
C-1
C-2
M-1
Single Family Dwelling District
Single Family Dwelling Distridt
- Multiple Family Dwelling and Professional Office District.
- Multiple Family Dwetling~ Office~ and Mot~l District.
Limited Commercial District
- General Commercial District
- Industrial District
The boundaries of such districts are hereby established as shown on the map
accompanying this ordinance and made a oar± thereof~ and designated the "Official
Zoning Map of the City of Boynton Beach~ Florida". Said map and all the notations~
references and other information shown thereon are as much a part of this ordinance
as if the information set forth thereon were all fully described and set out herein
In the creation~ by ~'-° .~
un.s ordinanoe~ of the respective distr~cts~ the City
Council has given due and careful consideration 'to the peculiar suitability of
each and every district for the particular regulations applied thereto and the
necessary~ proper and comorehensive groupings and arrangements of the various
uses and densities of popu!a~ion in accordance with a well considered plan for
the develo ~ ~ +
om~n~ of the cixy.
The boundaries of the districts shown upon the map adopted by this ordinance
or amendments thereto~ are hereby adopted and approved and the regulations of
,.h_s ordinance governing the use of land and buildings~ the heicjht of buildings~
building site area, the sizes of yards about buildings and other matters as
hereinafter set forth~ are hereby established and declared to be in effect upon
all land included within the boundaries of each and every district shown upon
said map.
i~there uncertainty exists as to noun~ar~es of any district shown on said map~
the following rules shall apply:
!. ~here such district boundaries are ind!cax~o as approximately following
section or quarter sec%ion lines~ street lines~ alley lines or lot lines~ such
lines, shall ,.~t~ construed to be such boundaries.
2. In unsubdivided property or where a district nou.~dary divides a lot,
the location of such boundary~ unless the same is indicated by dimensions~ shell
be determined by use of the scale appearing on the map,
3. Where a d~str_ct boundary divides the area or a lot unequally~ the dis-
trict classification and regulations of the larger portion shall apply to the
remaining smaller portion of the lot~
4. ~nere any public street or alley is hereafter officially vacated or
abandoned~ the regulations applicable to each parcel of abutting property shall
app!y to that portion of such street or alley added thereto by virtue of such
vacation or abandonmenn,
5. In case any further uncertainty exists~ the City Council shall interpret
the intent of the map as to location of such boundaries.
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SECTION 4. PROHIBITED USE. S,~,, EXCEPT AS HEREINAFTER PROVIDED
1. No building shall be erected~ reconstructed or structurally altered, nor
' b
shall any building or land be used whmc.~ does not comply with all the district
regulations established by this ordinance for the district in which the building
or land is located.
2o No building shall be erected~ reconstructed or structurally altered to
exceed the height or bulk limits herein established for the district in which
such building is located°
3o The minimum yards and other open space~, including the intensity of use
provisions contained in this ordinance for each and every building existing at
the time of the passage of this ordinance or for any buildin§ hereafter erected
or structurally altered, shall not be encroached upon or considered as yard or
open space requirements or intensity of use requirements for any other building.
4. Every building hereafter erected shall be located on a !ct: as defined
in Section 2 hereof~ and in no case shall there be more than one main building
and the customary accessory buildings on one lot.
5° The Uses of all buildings and property publicly owned and engaged in
the performance of a public function may be permitted in any district provided
however~ that such use is not obnoxious or detrimental to the health or welfare
of the city, and specifically excluded as provided in the following sections.
.SECTION 5%. R-t. AA.~ R-iA AbD R-I SINGLE Fr~4ILY DWELLING DISTRICT
Within any R-1AA~ R-iA and R-1 Single Family D~vel!ing District~ no building,
Structure~ land or water shall be used except for one or more of the following
uses~
1° Single Family Dwellings and their customary accessory uses~ when located
on the same lot as the principal use.
Parks and playgrounds~ when owned or operated by the City~ County~ or
Sta~e.
B. CONDITIONAL US~S
~;M]en, after review of an application and plans appurtenant thereto and
hearing ±hereon~ the Planning Boamd finds as a fact that the proposed use or
uses are consistent with the City's Comprehensive Development~Plan~ meet the
specific requirements enumerated in sub-sections C, D, and E below~ and are in
the public interest; the following uses may be recommended to the City Council
for approval:
(1) City owned or operated recreation and community buildings and libraries.
(2) Churches and their accessory educational and recreational buildings
and playgrounds°
(3) Elementary, junior and senior high schools.
(4) Nursery schools permitted in the R-1 and R-lA districts on!y~ however
they shall comply with recommendations and/or codes of the State Board
of Education.
Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located~ with reference to the
effect of the proposed development on surrounding properties and the public
benefit and need for such use in the neighborhood, and further, a consideration
of site area, open spaces, buffer strips~ and off-street parking facilities, as
defined in the minimum requirements in the following sections:
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C. BUILDING HEIGHT REGULATIONS
No dwelling shall exceed thirty-five (35) feet in height.
Churchess libraries~ community center buildings~ educational and re-
creational buildings~ and utility structures may not exceed thirty-
five (35) feet in height~ except by increasing the minimum side yards
one foot for each additional foot of height in excess of thirty-five
(35) feet.
D. BUILDING SITE AREA ~EGULATION$
Each single family dwelling shall be located on a lot or parcel of land
having an area of not less than 7500 square feet and minimum width of
75 feet in R-1AA districts~ 6000 square feet area with minimum width
of 60 feet in R-lA districts and 5000 souare feet with minimum width
of 60 feet in R-1 districts~ all rm~asur~d at the building line.
Educational and recreational buildings~ churches and their accessory
uses~ and community buildings shall have a minimum site of one acre
and said lot shall have a minimum width of one hundred fifty (150)
feet.
3. Nursery schools and kindergartens shall have minimum lot areas sufficient
to provide two hundred square feet of play area per child in a fenced
area~ based upon anticipated enrollment for ~hich facilities ~ili be
provided~ but such lots shall not be less than 7~500 square feet°
4. All othe~ condi±ional uses~ such as utility structu~es~ shall provide
minimum areas as determined by ~he Planning Board to provide for the
use with adequate set back of structures from abutting residential lots.
E. FRONT~ REAR AND SIDE YARD REQUIRHUENTS
1o FRONT YARD: There shall be a front yard of not less than thirty (30)
feet in the R-1AA District and of not less than twenty-five (25) feet
in the R-1Aaad R-1Districts~
ARD. There shall be a rear yard of not less than twenty-five
~ in each district.
0
SIDE YARD: There shall be a side yard of not less than ten (10) feet
in the R-1AA District~ of not less than seven and one-half (7~) feet
in the R-lA District~ and of not less than six (6) feet in the R-1
District~ except churches~ tib~a~ies~ educational and recreational
buildings~ and community buildings~ which shall maintain a minimum
side yard of twenty-five (25) feet. Side yards of utility structures
shall be determined by the Planning Board upon review of the application
but there may no% be less than the minimums pmescribed above.
~ORNER LOTS: On corner lots the side yard adjacent to the street shall
not be les~ than one-half the fronl yard requirements, except where the
corner lot faces a different street than ~he remaining lots in the
btock~ the twenty-five (25) foot or thirty (30) foot set back shall be
maintained on bolh streets.
Forty per cent of the lot area is the maximum that may be covered by
p~incipal and accessory buildings located thereon. Swimming pools are excepted
f~om this provision.
G_a_.G~NERAL PROVISIONS AND EXCEPTIONS
See Section 12.
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H. OFF-STREET PARKING A~D LOADING REgJLA/IONS
See Section 13.
I. MtNI~fUM FLOOR AREAS
See Section 1t.
SECTION 6. R-2 MULTIPLE FZ~ILY AND PROFESSiON~ OFFICE DISTRICT
USES PERMITTED
Within any R-2 Multiple Family and Professional Office District no building
structure~ land or water may be used except for one or more of the following uses:
t. Any use permitted in the R-IAA~ R-tA~ and R-1 Single Family Dwelling
District.
Two Family Dwellings, Multiple Family Dwe!lings~ and Garage apar±ments
as an accessory use located on the rear of a lot having a principal
structure located on the front half.
3. Hame occupations as defined in Section 2o
4. Priv@te clubs and lodges not of s commercial nature. Studios for music
and art teachers°
5. Nursing and convalescent homes.
Churches and their accessory educe±tonal and recreational buildings and
playgrounds.
7. .City owned or operated recreation and communi±y buildings and libraries.
Utility.__ structures and substations incl.~~.,~ te!ephon~ exchangeso.
8. Elementary, junior and senior nzgl. schools Nursery schools and kinder-
gar ~e~S.
Accessory buildings and uses cns±omari!y incident to the above uses when
located on the same lot and not involving the conduct of a business.
Non-illuminated signs of nor more than two (2) square fee±~ used for
identifying the structure or use and without advertising information,
may be attached ~o the principal structure.
~o CONDITIONAL USES
a~e~ review of an application and clans appurtenan± thereto and hear-
lng thereon~ -~he Planning =card finds as a fact that ~he proposed, use or uses are
consistenf with the City's Comprehensive Development Plan and are in the public
interes~ the following usee~may be recommended to ane City Council for approval.
The following professional offices, physician~ surgeon~ dentist,
chiropractor¢ naturcpath~ and others of !he medical profession registered
by the State of Florida~ tawyers: engineers~ architects°
2. Hospitals, medical and dental clinics but no animal hospi±ais, Prescript
pharmacy when part of a clinic.
3. Non-illuminated signs identifying clinics~ clubs and iodges~ hospitals,
churches, schoo!s~ and public buildings may be increased not to exceed
8 square feet.
Any review of an application shall consider the character of the neighbor-
hood in which the proposed use is to be located~ with reference to the effect of
the proposed development on surrounding properties.and the public benefit and need
for such use in fha neighborhood, and~ further, a consideration of site area~
open spaces~ buffer strips~ and off-str~et parking facilities~ as defined in the
minimum requirements of ±he following sub-sections~
Co BUILDING HEIGHT REGULATIONS
No building shall exceed forty-five (45) feet in height.
Churches, educational and recreational buildings~ and utility structures
may he increased in height .~y increasing the minimum,, side yards one foot
for each additional foot of height in excess of forty-five (45) feet.
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D~.~BUILDiN~ S!T~ £. ARHA RSG~JLAIIOM$
The Site requirements in the R-2 Multiple Family Dwelling District are~
For one family dwellings, five thousand (5,000) sguare feet and said.
lots shall have minimum widths of fifty (50) feet.
2. For two family dwellings, seven thousand five hUndred (7~500) square
feet and said lots shall have minimum widths of seven±y-five (75) feet.
For multiple family dwellings, for each dwelling unit on the first floor
there shell be a munimum of two thousand five hundred square feet (2,500)
of tot erea~ for each dwelling uni± added above the first floor there
shall be 8n addiiional lot area of one thousand five hundred (1,500)
square feet. Minimum lots for mul±iple family use shs!l not be less
than seven thousand five hundred (7~500) square feet with a minimum lot
~idth of not less than seventy-five (75) feet.
For other uses, there shall be ~ minim~ ~ ~
_o~ ares of five thousand
(5~000) square feet and said lots sh~l! have a minimum width of fifty
(50) feet, except each use must bsve sufficien~ lot area to conform to
or_-$~ree~ psrkin~ and open space requirements of this district.
E. _~~,EAR AND SlD~ YARD R£GULATIONS
1. FRONT Y~D: There shai1 be ~ front yard of not less than twenty-five
SIDE YARD: There shall be a side yard on each side of the principal
structure of not less than six feet
3. RE~R YARD: There shall be a rear yard of not less than twenty (20)
feet°
4. CORNHR LOTS: Same ss for the R-iAA, and R-I Single Family Dwelling
District.
F. LOT COVERAGE
Fifty (50) per cent of the lot 8rea is the maximum ~hst may be covered
bY the principal end accessory buildings or s~ructures located thereon,
swin~ing pools excepted from this provision.
G. GEN=RAL PROVISIONS ~D SXCEPTiONS
See Sec'lion 12,
H. OFF-STREET PARKING
See Section 13.
t. MINIMUM FLOOR AREA REQU~iREMENT$
See S~.?ction 11.
SECTION 7. R-3 ~ULTIPLE FA~IL~¢ OFFICE ~!D MOTEL DISTRICT
Within any R-3 Multiple Family D~elling, Office~ and
,,~otel District no
building~ otructure~ land or water may be used exoept for one or more of the
following
USES PEF~,Ji TTED
1. Any use permitted in the R-2 Mu!±iple Family Dwelling and Professional
Office District.
2. General business offices.
3. Motels and hotels.
4. Restaurants when a part of the principal motel, hotel, apartment, or
office structure.
5o Ferneries, plant nurseries and commercial green houses~ and other
agricultural and i%orticuiturai uses~
B_g__ CONDITIONAL USES o
When, after review of an application and plans appurtenant hereto and
hearing thereon, the Planning Board finds as a fact that the proposed use or
uses are consistent with the City's Comprehensive Development Plan and are
in the public interest, the foliowin§ uses may be recommended to~e City
Council for approva!~
(1) Yachtel or Marina°
Any review of an application for the above contemplated uses~ shall con-
sider the character of the neighborhood in which the proposed use is to be
located~ with reference to %he effect of the proposed development on sur-
rounding properties and the public benefit and need for such use in the neigh-
borhood, and further, a consideration of site area~ open spaces, buffer stips,
and off-street parking, as defined in the following sections°
Co BUIL'~ HEIGHT REGULATIONS
No structure shall exceed forty=five (45) feet in height~ except by
increasing the minimum front and side yards one foot for each ad-
ditional foo~ in height in excess of forty-five (45) feet.
D~ BUILDING SITE AREA REGULATIONS
1. For one and two family dwellings, same as for the R-2 Multiple Family
Dwelling District°
For Multiple Family Dwellings there shall be a minimum lot area of
two thousand (27000) square feet for each dwelling built on the first
floor; for each dw~!iing unit above the first floor there shall be
an additional lot area of one thousand (i,000) s~uare feet.
For other uses, lot areas will be determined by requirements for off
street parking and yard requirements, except no lot may be less than
five thousand (5,000) square feet°
E. FRONT_~REAR~ AND SIDE YARD REGULAT±O~lS
For all uses the minimum side yard, front yard, rear yard~ and
corner lot requirements shall be the same as in the R~2 ~u!tipte
Family District°
F. LOT COVERAGE
Same as for the R-2 Multiole F.~.m]..y Dwelling District.
G. GENERAL PROVISIONS AND EXCEPTIONS
See Section 12.
H. OFF-STREET PARKING
See Section 13.
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SECTION 8. C-1 LIMITED C~HRCIAL DISTRICT
Within any C-1 Limited Commercial Distric~ no building~ structure~ land or
wa%er shall be used except for one or more of the followin§ uses:
A. USES PE~ITIED
1. Any use pex~nitted in the R-3 District e×cep~ dwellings.
2. Apartment ho~els~ hotels, motels~ guest co~ageSo
3. Apparel s±ores.
4. Apothecary shops.
5. Ar%, antique~ end gift slops.
6. Beauty salons and barber shops.
7. Boarding and rooming houses.
8. Book and s±ationery stores~ news stands.
9. Churches and accessory uses. Schools for primary ~nd secondary
education~ kindergartens and nursery schools.
10. Dmu~ stomas.
11. Finance~ inves~ment and imsuranoe offices and hanks.
12. Florists.
t3. Furni~ure~ in~erior decorating and home furnishing stores.
14. Gasoline filling stations without major repair services, irailer
rentals, ~nd other activities not necessary lo sutomobile servicing.
15. Grocery stores and delica!sssen.
16. H~rdware and garden supply stores.
17. Hospi!ais~ clinics, nursing and oonv~!esceni homes, but no animal
hospitals.
18. Laundry end dry cleaning pick-up stsiions where no work is done on the
premises~ self-service isumdromsts.
19. Mor-~ua~y.
20. ~u$i¢ and dan·¢ing schools; 8r~ studios.
21. Offices fo~ businesses and p~ofessions, but no~ including fortune
%elle~s o~ psychics.
~2. Photographic supplies 8nd studios.
2S. Private clubs and lodges.
24. Recreational fa¢i!i~ies mhd parks under the opera%ion o= ownership of
the city.
~5. Restaurants with service within ~he s~ructure~ exclusing drive-in
restaurants.
Shoe s~ores.
Shoe =epair and hat cleaning~ dressmaking and t~ilo= shops°
28. U~ili~y s~ruc~ures and sub-stations including ±slephone exchanges.
29.
All sales, services~ and c'ommercial activities must be conduted within
a 'structure~ and no outdoor display, of merchandise or products will be
permit±ed in connection with any of the foregoing uses,
30°
Uses similar to the foregoing~ a!though not specifically enumerated may
he reviewed by the Planning Board upon application, providing these are
not enumerated in the C-2 district that follows~ and after finding as a
fact that said uses are consistent with the zoning plan and in the publ~
interest may be recom~mend~d to %he City Council for approval.
B--2-~ _~BUILDING HEIGHT REGULATIONS
No building or structure shall exceed seventy-five (75) feet in height,
C_~. ~__BUILDING SITE AREA REgJLATiONS
None°
Do YARD REGULATIONS
FRONT YARD: There shall be a front yard having a depth of not less than
twenty-five (25) feet°
SiDE YARDS: None are required except where rear access is not available
from $ public street or alley; a side yard of not less than ten (!0) feet
will be provided on one side°
REAR YARDS: There shall be a rear yard having a depth of not less than
twenty (20) feet, except where the rear of the property is bounded by a
public alley or street the reaz yard may be decreased by one-half the
width of such alley or street up to ten (!0) feet~ but in such event there
shall be provided a rear yard of not less than ten (i0) feet exclusive
of the altey~
E. GENERAL PROVISIONS AND EXCEPTIONS
See Section 12o
Fo OFF-STREET PARKING ~[D LOADING REGULATIONS
See Section 13o
S£CTION 9~ C-2 GENERAL Cg~ERCIAL DISTRICT
Within any C-2 General Commercial District~ no building~ structure~ land
or water shall be used except for one or more of the following uses:
Ao US~S PERmITTeD
1. Any use permit±ed in the C-t Limited Commercial District.
Animal hospitals when all activities are conducted within the building.
Automotive agencies with repair garages as an accessory use,.
4. Bakery,
5. Bus terminals and taxi cab stations; car rentals,
Commercial amusements, including theatres (but no drive-in theatres),
ball rooms, skating rinks, billiard parlors, bowling alleys; amuse-
ment parks~ minature golf courses~ and others of a similar nature.
-I1-
7. Drive-in restaurants.
8. Gasoline service si'.stions ~d automobile repair garages~
Radio and television stations with towe~s and studios°
Shops for p~,]n±ers~ plumbers~ paper han§ers~ elec%ricians~ upholsters
and others of s similar nature. Outdoor storage yards are permitted
when accessory to ~he above uses~ provided all equipment end merchandise
are enclosed behind a screen consisting of plantings or a closed o~
semi-closed ~ype fence not less ~han five fee~ in height.
11. Shops for business se~vices~ such as addressing end mailing~ advemtising
and dis~ributing~ mut~ig~aph].ng~ blue prin~ing~ prin%i~end
12. T~ailer Sales.
13. Used car lots.
14. Vocational and private schoo!s~erated as Con~ercial en%emp~ises.
Tyanspor~t'ation terminals and loacling yards.
15. Warebouses~ w]']olesale com~aercial es~ablisbmen(s.
16. All other frade ~-~; _
au.. z~ce and retail sales esfabt~s~nen-ts not included in
the C-i Limited Cor~mercial District.
17. Advertising signs related to (he use of the land or of a business con-
ducted (he~eon.
18. Accessory uses necessary to the foregoing when located on the same
as the principal uses.
19. No zcesidential s'tructures will be perraitted.
BUILDING H~IGHT R~GULATIONS
None.
BUILDING SITE ~75A RE~GULATiONS
None.
Y~D REGULATIONS
t. FRON7~ YARD~ There shall be s front yard having a depth of not less
than ten feei~ ~ce-~"~_~ the prevsil~n~ building line shall be followed in
s block within which one-ba!f of the properties are developed.
2. SIB5 Y~qDS: None are required~ ~xceot wher~ rear access is no~ avsi!able
from ~ public s~reet or alley~ s side yard of not less than ten
feet will be provided on one side.
3. R5~R YARD: There shall be s rear yard having a depth .of not lass than
twen-[y (20) feet~ except wbe-oe ~'~ ~
~ _ ~n~ rear of t}~e property is bounded by
~ public alley or street lh~ rear yard may be decreased by one-half
the width of such alley or street up to ten (i0) feef~ but in such
event~ there shall be provided ~ rear yard of not less 'than ten feet.
GENERA[, Pi?.OVISIONS /~qD EXCEPTIONS
See Section
OFF-ST}flEET PARKING .~!D LOADING REGULATIONS
See Sec-tion 13.
SECTION 10... ~,~,~--~_, INDUSTRIAL DISTRICT. _ .
USES PERM!¥TED
I. Any use oermitted in the C-2 General
Any o-[her use of a wholesale or retail co.,~mer¢ial~ warehousing~ or
manufaoiuring nature~ including storage yards~ truck terminals~ providing
that no use is obnoxious because of ti~e emission of excessive amounts of
dust~ dirt~ gas odors~ smoke~ fumes~ noises or vlbrations~ nor possesses
an abnormal exp!osioP, hazard~
Junk yards~ providin9 the operation is conducted within a closed building
or within an enclosed area having walls six (6) feet in height and sub-
ject to approval of the City Council.
residences or ~rai!er parks are permitted.
Bo DHTYD'F~,~ HEIGHT JA~D '~T~
Sz ~t AREA REGULATIONS
None°
C. YJ~D REGULATIONS
None~ ~.~;cep+~.,. when the side of a lot abu±ts a residenfia! d_,s-~ +~'-:ct~ there
sisal!., be a side yard of not less than '~'~'~i~,~'-~ (30) feet on ~'~na~ side.
OF. -S ~d.:,: t PARKING RECfdLATiONS
See Sectior~ 13.
SECTION 1t~ ~iNtMUM PLOOR AREA RE~UtR?I~JENTS
A. The minimum required floor area of dwel!ings~ exclusive of terraces and
unroofed areas but including fifty (50) per cent of attached garages and
screened porches and twenty-five (25) per cent of carports shall be as
fottoms:
MINIMUM FLOOR AREAS PER
R-t__.jA R-._!
1500 1250 i000 750 750
MINIMUM FLOOR
For duplex structures the aggregate floor area shall not be less than
1250 scuare feet and a single unit shall "*
. - ~o,. be less than 750 square feet.
For dwellings of more than 2 dwelling units~ no unit shall have a floor
area less than '750square feet~
The Board of Adjust~mnt may vary minimum floor area requirements within each
use diS'trict~ providing these do not fall below the minimum 'floor area re-
quirements of the next lower use district nor exceed those of the next higher
use distric±, excepi no dwelling nay be required to provide more than 1500
square feet Dot be Aermitted less than'750 square feet°
When a strict enforcement of the above requirements result in hardship
upon} any individu~l~ where it can be shown ti~e minimum floor area re-
quirement of the district would be substan±ially in excess of his needs
or where by reason of a sub-standard lot the requirements could not be
met within reason°
When~ at the time a subdivision is platted for develo~mon±~ a development
plod is submitted for an area of not less than forty (acres) for which
minimur;'~ floor areas are es!ablisbed by deed resiriclions~ and where it is
shown there is due regard for the arrangement of houses wilh less minimum
floor areas in relation to houses of abutting properties that meet the
recommended minimum floor area requirements. !n approving development
plans requesting such variances from the ~'0inimum floor area requirements~
the Board of Adjustment will consider evidence submitted on current de-
mand for houses of various sizes and the e~fect of the proposed develop-
men% upon abutting resid~ntiai properties.
SECTION 12. GENER;L PROVISIONS
The foregoing regulations shall be subject io the following provisions and
excep±i ons ~
EFFECT OF ESTABLISHED SET BACK LINES FOR STREET WIDENING -13-
Where set back lines have been established on streets, roads or highways,
the front yard and side yard of corner lots shall be measured from ~aCd set
back lines.
Bo SUBSTN4DARD LOTS OF RECORD
When a lot or parcel of land has an area or frontage which does not
conform with the requirements or.f >the district in which it is located,
but was a lot of record in a recorded subdivision of Palm Beach County~
Florida~ at the effective date of this ordinance, such lot or parcel
of land may be used for a single family dwelling in any residential
district~ providing the set-bac~minimum yard requirements~ and per-
centage coverage are maintained or established by the Board of Adjust-
ment after notice an~ hearing in each individual case°
When a subdivision of land or porzion thereof contains lots or p-arceis
of land that do not conform to the lot area or lot frontage provisions
has remained unimproved or undeveloped for a period of five years from
the effective date of this ordinance it shall be encumbent upon the
owner of said tract to reptat same to conform to the minimum area and
frontage pr%visions of this ordinance for the district in which the
lands are located.
C~ LOCATION OF BU_LDII~ AND STRUCTURES IN RESiDB~TiAL AREAS
No detached accessory building shall be located on the front half of
lot.
When ~,.'accessory building is attached to a principal structure by a
breezeway~ roofed passage or otherwise~ it shall comply with the
dimensional requirements of the principal building.
'The location efa detached accessary building or garage apartment shall
comply with the set back requirements for primary buildings in the
zoning district in which such accessary building is located°
4. An accessory building may not exceed twelve feet in height nor may
occupy more than thirty-five (35) per cent of a required rear yard.
In any residential district~ no fence or structure shall be maintained
within twenty-five (25) feet of any corner street intersection nor
beyond the front building lineo
Within twenty-five (25) feet of any corner street intersection in a
mesidential district~ no hedge or aimilar plantings which obstruct the
view shall be permitted to a height in excess of three~(3) feet from
the average ground elevation°
N~dwelling shall be erected on a lot or portion of a lot which does
not abutt upon a public stree%with a minimum frontage of at least
twenty-five (25) feet.
Do YARD A~NI) MEASUREMENT OF SET BACKS
EVe~ part of a required yard shall be open from its lowest point to
the sky~ unobstructed, except for the ordinary projection of sills,
belt courses, cornices, buttresses~ ornamental features~ chimneys~ and
eaves~ provided, however, :[hat none of the above projections shall
project into a minimum side yard more than twenty-four (24) inches.
2. On double frontage lots, the required front yard shall be provided
on each street.
3. Open or enclosed fire escapes~ fireproof outside stairways and balconies
projecting into a m~nimum 7ard or court not more than three and one-half
(3~) feet and the ordinary projection of chimneys and flues are permitte~
4o ~here set back lines are established on streets~ roads or highways~
the front yard of all lots and the side, yard of corner lots shall be
measured from s~id set back !ines~
E. TEMPORARY.BUILDINGS
No temporary buildings will be permitted in any district except temporary
bui!dinqs used in conjunction with construction work only may be permitted in
-14-
any distrfct. No such temporary building shall be permitted for longer than
6 months from initial installation witbou~ specific authority form the Ci~Cctnc~,
AUTOMOBiL£ SERVICE STATION R£QUIR~ENT~
All pumps shall be set back at least 15 feet from the right-of-way line,
or where a future widening set back line has been estabtished~ this
set back shall be measured from such line.'
The number of curb breaks for an establishment shall not exceed two
for each 100 feet of street frontage, each having a width of not
more than 30 feet or less than 25 feet and located not closer than
15 feet to a street intersection. Two or more curb breaks on the
same street shall be separated by an area of not less than 10 feet.
When the-station abutts a residential district, it shall be separated
therefrom by a solid wall or equivalent planting screen at least six'
feet high.
G. SWII"I~ING POOL RSGULATIONS
No swimming pool or family pool shall be so iocated~ designed~ operated,
or maintained as to interfere with the righ±s of the adjoining properties.
1. LIGH~$~ Lights used to i{~minate any swimming pool shall be so
arranged and shadowed as to reflect light sway from adjoining premises.
2. ~£TB~CKS: The following setbacks shall be maintained~
(a) Minimum front setback. Same as requirements for a residence located
on the parcel where the pool is to be constructed~ provided~ however~
tha~ in no case is the pool to be located closer to a front line than
the main or principal buildin~ is located.
(b) ~inimum side setback. Not less %hah eight feet from the side lot line.
(c) ~inimum rear setback. Not less than eight feet from the rear lot line.
(d) If the swimming pool is not part of the main structure~ it shall be
located not less than %eh feet from the main structure.
3. FENCES= All swiping pools shall be enclosed by a fence~ wall or
equivalent barrier at least four (4) feet high.
S~CTION 13. QFF-STREEI PARKING AND LOADING REGU~ATiQNS
A? _DEFINITIONS
1. For the purpose of this ordinance the term "off-street parking space"
shall apply to space constructed of a hard surface and shall consist
of a minimum net area of two hundred (200) square feet of appropriate
..... dimensions, and not less than nine (9) feet in width, for parking an
.~E~gom'Obile, exclusive of access drives or aisles thereto or any street
or alley right of way.
2. For the purpose of this ordinance the term "Off-Street loading or un-
loading space" shall apply to a space constructed of a hard surface
and shall consist of a space with dimensions not less than twelve (12)
~ee% ~n width, thirty-five (35) feet in length~ and fourteen (14)
~n height, exclusive of access aisles~ maneuvering space, or
B. OFF-STREET~ARKI~GULATIONS
At the time of the erection of~:~{~ihcipal bui!~i~9
he time any principal buildiDg.or struc~RT9 is enle~9~d ~ ink,eased in capacity
y adding dwelling units~ gue~%.. ~oom~:¥1~r 'space~ ~ $~e~ %h~m~ shall be
- . . ~ . ' , ~x'.: '~.~, ....
provxded mlnlm~n off-street parking spade ~i?h
egress from a public street or al!e b sn au~
accordance with the following ~equirements~
(.i).Dwel'!i~gs:
'(a) Singie'Family and duplex
(b) Apartments and Apt. hotel
:'(C) Rooming and Boarding houses
(2) Hotels,"exclusive of. r~fr'ements
for restaurants and sssembl.¥rwoms
N~mber Spaces
2
Per
Dwelling unit
Dwelling unit
3 guest rooms
2 sleeping units
(3) Motels and tourist homes,
exclusive of requirements for
-restaurants' end assembly rooms
Sleeping unil
(4) Hospital and sanitariums
2
3 beds
(5) Nursing or convalescen~ home
5 beds
(6) Theatre o~ auditorium~ including
school auditoriums
4 seats
(7) Church, mortuary
4 sea~s in main assembly
hail
(8) Restaurants, bars, and night clubs I
seats
(9) Stores (except grocery stores and
meat markets) offices, and personal
service establishments
200 sq. ft. floor area
(10) C~ocery stores
(il) Public office bldg. and library
(.12) Medical-and dental clinic
(13) Manufacturing', i~us~r~at'...and
warehouse 'uses
(1~) Bowling Aileys---..
(15). Private Clubs or'Lounges
'LOCATION ~ OFF-STREET PARKING SPACES
4
sq. ft. floor area
e×clusiv~ of storage area
200 sq. ft. floor area
exclusive of storage area.
Doctor or de'ntis%, but not
less than 1 space per 200
sqo ft. of gross ft.o4y/' area
3 employees on largesl work
shift but not figured less
than 1 spece per 200-sq.. ft.
.of floor area exclusive of
s~orage-a~'~'as.
alley ;- .
3 se~t~:~t~ge or clUb
assembly rpom.
1.:.:'~rking: spaces for ail dwellings shall be located on th~ same
_..::~,...,j_ ....the main building to be, erected.
:"' ~.': Parking spaces for artier uses shall be provided on the same lot or "not
-more than three hundred (300) feet distant, as measured along the nearest
.. pedestrian walkway/
3. P,erking requLremen~s for two or more uses, of ihe same or different
'~Ypes~ may be satisfied by the allocation-of the required number
.~pace~,-of each use in a common parking faci!!~y~.provi~e.d fha~ the
~otal number of spec, es is not less than the sum of the individual re
~uiremen-'.ts and that the requirements of location areal.complied with.
At +he ~ -~ -' ~
~. '[~m~ of construction of one of the following categories of buildings~
or at the timeof structu,rat alteration for sn increase in size or capacity~
there shsli be provided minimum off-street loading or unloading sp~ce with ade-
qus±e means of ingress and egress from ~ public street or alley in accordance
with the following requirements~
Every hospital~ institu±ion~ ho±el~ commerciai~ warehouse~ or industrial
building of similar use having a floor area in excess of 20~000 square
feet requiring ±be reception~distribution by vehicle of materials and
merchandise shall have st least erie permanently maintained off-stree~
loading space for each I0~000 square feet of gross floor area or frac-
tion thereof.
E o PE~ANENT RESERVATIONS
;~eas reserved for off-street parking or loading in accordance with the
requirements of this serctio.n sba!i not be reduced in area or changed
to any other use ur.,less 'the permitted use which it serves is discontinue('
or modified or unless equivalent parking or loading is provided on
ano~her approved si+~e or parkJ, n§ structure to the safisfaction of the
Board of Adjustment°
SECTION 14o NON-CONFOR~,,{ING USES
The lawful use of any building~ structure or land existing at the time of
the adoption of this ordinance may 'be continued although such use does not con-
form to the provisions thereof~ provided however the following conditions are
Unsafe Structures or ~ '~
Bu=.!a.,n§s~ Any structure or buildin§ or portion
thereof declared unsafe may be restored to s safe condition.
Cons±ruclion Approved Prior to Ordinance. Nothing herein sbatl require
any change in plans~ construction or designated use of a building or
structure for ~ici~ a buildin§ permit has bee~ issued and the construc-
tion of which shall have been diligently carried on within six months of
the date of such permit,
5
Alter.ation. /-,, non-conforming buildisg may be maintained and repairs
and alterations may be made~ except that in a buildinU which is
non-conforming ~s to use regulations.~ no structural alterations shall be
made except those required bF law ~nciuding eminent domain proceedings°
Repairs as plumbing or changing of partitions or other interior altera-
tions are permitted.
4. Ex-lensions. Buildings or structures or uses of land .... '
P,L,.~!ch are non-con-
forming shall not be extended or enlargea.
Non-conforming Use of Land. When a non-conforming use of land has been
discountinued for a period of gO days its future use shall revert to
the uses permitted in the a.,.s.r~ct in which said land is located.
0
Change to another Use. A non-conforming use now existing maT~ be changed
to another non-conforming use of equal or improved n~-~
. ~,,~,_acter when ap-
proved by the Boa~a of Adjustment.
.~oandonment. A non-conforming use of land or of a building which has
been vacated or abandoned for ninety (90) days shall no't thereafter
be occupied by any non-conforming use.
8. Des±ruction by Fire or Other Act. Nothing in this ordinance shall be
taken to prevent the restoration of a building destroyed ±o the extent
-17-
ef not more than fifty (50) per cent of its assessed value by fire,
explosion or other cas~J.±},~ or Act of God, or the public enemy nor
the continued occupancy c,r use of such building or part thereof which
existed at the time of such partial destruction. Restoration must
be started %eithin ninety (90) days.
SECTION t5o BOARD OF ADJUSIg~ENT
A board of Adjustment is hereby established which shall consist of five
(5) members. The terms of 2 of the members appointed to the initial Board
shall be for 2 years each end the terms of the remaining 3 members shall be
for 3 years each. Thereafter all full terms of Board membership shall be
for 3 years each°
The organization and procedures under which the Board operates, it~ arrange-
ment of meetings~ adoption of rules and its handling appeals~ variances or
other related matters~ including the removal or replacement of Board members
shall be in conformity with the provisions of Chapter 176, Florida Statutes
of 1941 and any amemdments thereto°
Where there are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of this ordinance, appeals to the Board may
be taken by any person aggrieved or by any department of the governing body of
the city affected by any decision of the administrative official°
The Board shall have the following duties and powers:
To hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by the administra-
tive official in the enforcement of this ordinance<..
0
To authorfze upon appeal in specific cases such variance from the terms
of this ordinance as will not be contrary to the public interest where~
owing to spec. iai conditions, a !i±eral enforcement of the provisions
of the ordinance will result in unnecessary hardship and so that the
spirit of the ordinance shali be observed and substantial justice done.
3. To authorize such exceptions as are specifically assigned to the
Board fgr its review under the terms of this ordinance.
In exercising the above mentioned powers, the Board by the coQcurring vote
of four members may reverse or affirm~ wholly or partly~ or may modify the or-
der, requirement, decision or determination appealed from and may make such
order, requirement~ decision or determination as ought to be made~ and to that
end shall have all the powers of the official from whom'the appeal is taken.
In consiSe=img all proposed variations to this ordinance the Board shall~
before making any finding in a specific case~ first determine that the proposed
variation will not constitute any change in the Districts shown on the Zoning
~ap and will not impair an adequate supply of light and air to adjacent pro-
perty, or materially increase the congestion in public streets~ or increase
the public danger of fire and safety~ or materia!ly diminish or impair estab-
lished property values within the surrounding area, or in any other respect
impair the public health, safety, morals and general welfare of the city.
Any person or persons, jointly or severally~ aggrived by any decision of
the Board~ or any taxpayer~ or any officer~ department of the City Commission
may present to a court of record a petition, duly verified, setting forth that
such decision is illegal, in whole or in part~ specifying the grounds of the
illegality. Such petition shall be presented to the court within thirty (30)
days after the filing of the decision to the office of the Board~ otherwise
the decision of the Board will be final.
The Board of Adjustment shall fix a reasonable time for the hearing of
appeals or other matters referred to it and give notice to the parties and
decide the same within a reasonable time° At the hearing any party may appear
in person or be represented by agent or attorney.
A fee of thirty (30) dollars shall be paid to the Building Official at
the time the notice of appeal is filed,which fee shall be used to defray the
cost of advertising the hearing. On return of the sign announcing that
application for change of zoning has been made and time of hearing, five (5)
dollars of the deposit will be returned°
-18-
SECTION 16. PLATS
Each application for a building permit shall be accompanied by a plat in
dupiica%e~ drawn to scale~ showing the actual dimensions of the lot to be built
upon~ the size~ shape and location of the building to be erected and such other
{nfermation as may be necessary to provide for the enforcement of this ordin-
ance. The plat must be drawn by a Registered Engineer or Registered Land Sur-
veyor. A record of such applications and plats shall be kept in the office of
the Building Official° Where application is made to enlarge an existing non-
conforming use~ the application shall be accompanied by an affidavit giving
the description of the premises owned at the date of the passage of this -
ordinance.
SECTION 17. INTERPRE/ATION~__P~R__POSE AND C~NFLICT
In interpreting and applying the provisions of this ordinance~ they shall
be held to be the minimum requirements for %he.promotion of the public health~
safety~ morals and general welfare of the com~munity. It is not intended by
this ordinance to interfere with or abrogate or annul any easements~ covenants~
or other agreements between parties~ provided~ however~ that where this ordin-
ance imposes a greater restriction upon the use of buildings or premises or
upon the height of buitdings~ or requires larger open spaces tha are imposed
or required by other ordinances~ rules, regulations or by easements~ covenants~
or a~reements tbs provisions of this ordinance shall control~ and provided
further that this Ordinance shall not be construed as suPerceding any Special
Act of the Legislature relative to the subject matter of this ordinance. If,
because of error or omission in the Zoning ~ap~ any property in the City is
not shown as being in a zoning district~ the classification of such property
shall be R-lA Single Family~ unless changed by amendment to the Zoning
Ordinance.
SECTION 18. CHANGES AND RI~ENDMENTS
The City Council may from time to time amend~ supplement, change or repeal
the regutations~ restrictions or district boundaries as set out in this or-
dinance after public hearing as provided in Chapter 176 of Florida Statutes
of 1941 and any amendments thereto.
SECTION 19. BULKHEAD LINE - ESTABLISHED
There is hereby established a bulkhead line within the city limits for
all properties located within the city in accordance with Map No. R-56-006
entitled "Bulkhead line of City of Boynton Beach, Florida" dated September 1956~
which map is hereby incorporated herein and adopted by reference. There shall
be no bulkhead~ seawall, or other structure for land filling into the waters
of Lake ~orth which shall extend eastward from the existing shoreline~ other
than as sho~n in the map herein referred to.
SECTION 20. BULKHEAD LINE - PER~IT REQUIRED FOR LAND FILLING
It shall be required, prior to commencing any operation for land filling
within the area as shown on the map described in Section 19~ a permit for
land filling~ all of which shall be in accord with directions and approval
by the City Council° The improvement, or fiil~ shall have a minimum elevation
of not less than six feet above mean sea level ~ccording to the current U. So
Government Geodetic Survey. Any such applicant shall also be required to com-
ply with all rules, regulations or other requirements of the Trustees of the
Internal Improvement Fund of the State of Florida~ Uo S. Army Engineers or
o~her Governmental body regulating land fill operations of the above nature.
~ECTION 21. ENFORCF3~NT OF VIOLATION AND PENALTIES
The Building Official is hereby designated and authorized to enforce
this ordinance° Any person who violates any of the provisions of this
Ordinance shall, upon conviction thereof in the ~unicipal Court of the City~
be penalized by fine not to exceed $100o00 or by imprisonment rom not more
than sixty days, or both, in the discretion of the municipal judge. Each
day a violation occur~ or is permitted to exist shall constitute a separate
offence.
~I_ON 22. VALIDI ?!
Should any section, sub-sectio~'~ cisuse~ phrase~ or other provision of
this Ordinance be declared by the cour± of competent juriediotion~ to be in-
vaiid~ such decisibn shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared to be invalid.
SECTION 23. AU~ORiTY TO ~ ~
oOD~TY
Specific authority is hereby granted to codify this ordinance°
SECTION 24° REP£ALING PROVISION
Ail ordinances on parts of ordinances in conflict herewith are hereby
released.
SECTION 25° £FFE~TIVE DATE
This ordinance shall, take effect at the time and in the manner provided
by the Charter and Ordinances of ~he City of Boynton Beach~ Florida.
First reading this t8th day of December~ AoDo 1961.
Second~ final reading and passage this 29th day of December
A~D~ 1961o
BY
ATTESTs'
Vice h~ayor
Councilman
C ounci !man